- (1.) In a motor vehicular accident, which took place between car bearing No. DL-2CE-9086 and military truck No. BA-92-D93226 CL-983 (Transport) make Shaktiman, driven by respondent T.K. Chakarawarti, near DAV College, Bathinda on 15.12.1997, on account of death of Dr. Arwinder Singh while driving the car wherein his cousin Gurmeet Singh was also a co-occupant, award of Rs. 3,60,000/- as compensation was made by the MACT, Bhatinda to his parents, who have now come up in appeal for enhancement of the compensation claiming that it is too meager. Concedingly, According to order (Ex. A2), unmarried Dr. Arwinder Singh, 25 years of age, was working with District Leprosy Society, Bathinda since 13.11.1997. As per document Ex. A5, his salary was Rs. 8,000/- per month. Applying multiplier of 15 and holding that he was spending at least 50% of his income on himself and further that he was to get married soon and was to support his wife as well, dependency of the claimants was taken only to be Rs. 2,000/- per month, i.e., Rs. 24,000/- per annum and compensation of Rs. 3,60,000/- was awarded.
(2.) As per Sarla Verma and others v. Delhi Transport Corporation and another, 2009 6 SCC 121, for age of 25 years of deceased, multiplier of 16 would be applicable. This multiplier was overlooked by the trial court. There is further error in calculation of the compensation because the Tribunal has calculated dependency @ Rs. 2,000/- per month as if the deceased was to immediately get married. He had just joined the service and that too with a Society and thus, was yet to settle in his career. He was not to get married for some time. Taking the waiting period for his marriage to be 4 years, applying the calculation of the Tribunal, he could have spent Rs. 4,000/- per month for his parents for this period. After getting married, he of course could not have been able to spare more than Rs. 2,000/- per month for his parents as he was supposed to support his wife and his family was also to grow. Thus, compensation is to be calculated for 16 years taking dependency to be Rs. 4,000/- per month for initial four years (total amount Rs. 1,92,000/-) and Rs. 2,000/- for subsequent 12 years (12 x 12 x 2,000/- = Rs. 2,88,000/-) with multiplier of 16. Total compensation thus comes to Rs. 1,92,000/- + Rs. 2,88,000/- = Rs. 4,70,000/-.
(3.) There is yet another error in calculation of compensation. The Tribunal has not taken into account future prospects of the deceased who being a medical officer was likely to grow in his career and was not to slog on to a pay of Rs. 8,000/- per month for all the years of multiplier of 16 used for calculation. Thus, consolidated compensation of Rs. 1,00,000/- is awarded towards all other claims arising out of enhancement of income by way of future prospects which he was to get during the period of 16 years. On the enhanced compensation, interest @ 10% per annum as already adjudicated by the trial court is also awarded. There is yet another infirmity in the impugned order. The costs have been ordered to be recovered from respondent No. 1-driver of the military truck. It is too burdensome an order against respondent No. 1, whereas even in this respect making the liability to joint and several, this liability is adjudicated to be that of the respondent-insurance company. Appeal stands disposed of in the above terms.;